§ 76-10-2801. Vehicle compartment for contraband -- Penalties.

(1) As used in this section:

(a)

(i) "Compartment" means any box, container, space, or enclosure:

(A) that is intended or designed to conceal, hide, or otherwise prevent the discovery of contraband; and

(B) that is within a vehicle or attached to a vehicle.

(ii) "Compartment" includes:

(A) false, altered, or modified fuel tanks;

(B) original factory equipment of a vehicle that is modified, altered, or changed to accommodate or contain contraband; and

(C) a box, container, space, or enclosure that is fabricated, made, created from, or added to the existing structure of a vehicle.

(b)

(i) "Contraband" means any property, item, or substance which is unlawful to produce or possess under state or federal law.

(ii) "Contraband" includes any cash or monetary instrument that is the proceeds of an unlawful activity under Subsection 76-10-1602(4).

(c) "Motor vehicle" has the same meaning as in Section 41-6a-102.

(d) "Semitrailer" has the same meaning as in Section 41-6a-102.

(e) "Trailer" has the same meaning as in Section 41-1a-102.

(f) "Vehicle" means a motor vehicle, a trailer, and a semitrailer.

(2) It is a class A misdemeanor for a person to knowingly possess, use, or control a vehicle which has a compartment with the intent to store, conceal, or transport contraband in the compartment.

(3) It is a third degree felony for a person to facilitate the storage, concealment, or transportation of contraband by:

(a) designing, constructing, building, altering, or fabricating a compartment for a vehicle;

(b) installing or creating a compartment in a vehicle; or

(c) attaching a compartment to a vehicle.

(4) The trier of fact may infer that a person intended to store, conceal, or transport contraband if the person possesses, uses, or controls a vehicle that has a compartment, and the compartment contains:

(a) contraband; or

(b) evidence of prior storage, concealment, or transportation of contraband.

Enacted by Chapter 298, 2008 General Session